Terms of Use

Updated on April 3, 2024

Thank you for visiting the website (“Site”) of No Worry Home, Inc, a Massachusetts Corporation (“No Worry Home, “We,” “Us,” Our”). These Terms of Use govern your use of this Site.

YOUR ACCEPTANCE OF THESE TERMS OF USE

The No Worry Home website available at www.noworryhome.com and the various content, features, and services offered on and in connection with this site and applications (collectively, the “Site and Services”) are owned and operated by No Worry Home and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”). These Terms of Use apply to all users of this Site.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING OUR SITE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, THEN YOU MAY NOT ACCESS AND USE THE SITE AND SERVICES.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms of Use, you also agree to the terms of our Privacy Policy which is expressly incorporated herein. Before using this Site and Services, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

USE OF THIS SITE AND SERVICES

Subject to full compliance with these Terms of Use, No Worry Home grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Site and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Site or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of No Worry Home. No Worry Home may modify, update, suspend or discontinue the Site and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. No Worry Home shall not be liable to any user or a third party for any such modification, update, suspension or discontinuance.

USER CONDUCT

As a condition of your access and use of the Site and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Site and Services (collectively, the “Content”), you agree to use this Site in a manner consistent with any and all applicable local, state and federal rules and regulations. You further agree not to use the Site and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by No Worry Home.

By way of example, and not as a limitation, you agree that you shall not:

  1. Restrict or inhibit any other user from using and enjoying the Site or Services;

  2. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, or federal law;

  3. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by No Worry Home) or engage in spamming or flooding;

  4. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site or Services for commercial, educational, or any other non-personal purpose(other than as expressly permitted by the Site or Services and by the provider of such information, software or other material), without the express written consent of No Worry Home, which consent may be withheld by No Worry Home in our sole discretion;

  5. Use email addresses obtained from the Site or Services for solicitation purposes of any kind, directly or indirectly;

  6. Use data mining, robots or other similar data gathering and extraction tools;

  7. Access (or attempt to access) this Site or Services through any automated means (including use of scripts or web crawlers);

  8. Use i-frames, webpage frames, or any similar framing, to enclose, capture or distribute any part of the Site or Services;

  9. mirror or cache or store any pages or portions of the Site or Services;

  10. Co-brand any portion of the Site or Services or otherwise imply any relationship with or endorsement of your brands or services;

  11. Use the Site and Services if you are under the age of eighteen (18);

  12. Use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Site or Services;

  13. Portray No Worry Home or any of our affiliated partners in a false, misleading, derogatory or offensive manner;

  14. Take any action that would undermine the review and rating process under the Site and Services;

  15. Use the Site and Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Site and Services;

  16. Attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process;

  17. Post or transmit any photograph or likeness of another person without that person's consent, if and to the extent necessary under applicable laws;

  18. Violate these Terms of Use, any subscription service agreement, policies or other applicable agreement with No Worry Home;

  19. Upload, post, publish, transmit, reproduce, distribute or use the Site and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, posting or transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

  20. Transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site and Services;

  21. Access, download, monitor, or copy any information contained on our Site and Services through artificial means or in any way reproduce or circumvent the navigational structure or presentation of the Site and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Site and Services; or

  22. Probe, scan or test the vulnerability of the Site and Services or any network connected to the Site and Services, nor breach the security or authentication measures on or of the Site and Services or any network connected to the Sites and Services.

OWNERSHIP OF THIS SITE AND ITS CONTENT

This Site, including all of its Content are protected under federal intellectual property laws and other applicable federal and state laws of the United States. All Content and intellectual property rights therein are the property of No Worry Home or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise stated herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

USER OBLIGATIONS

In consideration of your use of this Site, you agree that to the extent you provide personal information to No Worry Home, such information will be true, accurate, current, and complete and that you will update all personal information in an timely manner.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any possible breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

FEES AND PAYMENTS

If and to the extent any portion of the Services may require a fee payment or subscription, you agree to pay No Worry Home any applicable fees posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing No Worry Home to charge the fees to the account you identify. You must keep all billing information, including payment method, up to date. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us.

After 30 days from the date of any unpaid charges, your fee-based Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you. Except as otherwise mutually agreed in writing, we reserve the right to change our fees with 30 days’ notice.

You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NO WORRY HOME AND ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO WORRY HOME, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

NO WORRY HOME DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED NO WORRY HOME SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF NO WORRY HOME. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

WE DO NOT HOLD OURSELVES OUT AS LICENSED HOME INSPECTORS, AND ANY SERVICE REPORT WE PROVIDE TO YOU IS SOLELY FOR YOUR INFORMATION AND IS NOT INTENDED TO BE RELIED UPON AS A HOME INSPECTION FROM A LICENSED HOME INSPECTOR.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR TEAM, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Site gives you specific legal rights and you may also have other rights which may vary by geographic location. Some jurisdictions may not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

LINKS TO THIRD-PARTY WEBSITES

This Site may provide links to other websites operated by third parties (i.e. social media websites, vendor pages, websites of other companies, etc.). Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. No Worry Home shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such third party websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

GOVERNING LAW

These Terms of Use will be governed under the laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

CLASS ACTION WAIVER AND ARBITRATION

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.

Except to the extent contrary to applicable law ("Excluded Disputes"), you hereby agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these Terms, your use of our Service, and/or rights of privacy and/or publicity, may, in our discretion, be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. You agree that you shall not participate in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

INDEMNITY

You agree to indemnify, defend and hold harmless No Worry Home and its affiliates – and their respective officers, agents, partners and employees – from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.

By installing any third-party application, you are authorizing such third-party application to perform the actions and/or share with the third-party application the information communicated to No Worry Home or requested from No Worry Home to perform the actions and/or share with the third-party application the information communicated to No Worry Home, or requested from No Worry Home. No Worry Home is going to send that information through the third-party application, which will then go through the internet. No Worry Home shall not be held responsible for any dissemination, use, misuse, and/or disclosure of the User's information through use of this or any third-party application.

THESE TERMS OF USE MAY CHANGE

These Terms of Use are current as of the effective date set forth above. No Worry Home reserves the right to modify and/or change these Terms of Use from time to time consistent with applicable laws. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

ENTIRE AGREEMENT

These Terms of Use (together with our Privacy Policy and any other click-through agreements applicable to you) contain the entire understanding and agreement between you and No Worry Home with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and No Worry Home with respect to this Site and your use of this Site.

QUESTIONS

If you have any questions about this Site or these Terms of Use, please contact us at [email protected].